The Atlantic Reporter, Volume 69West Publishing Company, 1908 - Law reports, digests, etc |
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Common terms and phrases
accident action affirmed Alexander Gray alleged amended amicus curiæ amount appeal appellee assumpsit bank bill borough breach cause Cent charge claim coal complainant Conn construction contract corporation counsel Court of Chancery court of equity covenant damages death declaration decree deed defendant defendant's demurrer dence duty employé entitled equity error evidence exceptions fact fendant filed granted ground held injury intestate issue Jersey judge judgment jury Jutte land liable matter ment Millville mortgage N. J. Law N. J. Sup negligence Note.-For owner paid pany parties payment person plaintiff plaintiff in error purchase purpose question rail Railroad Company railway real estate reason recover Rhode Island rule statute street superior court Supreme Court sustained taxation testator testified testimony thereof tiff tion town trial trust Union Pacific Railroad verdict Waitsfield witness
Popular passages
Page 396 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 108 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof; then, and in every such case, the person who...
Page 402 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself...
Page 67 - The defendant moved for a new trial on the grounds, that the verdict was against the law...
Page 242 - It is clear that the cause of action is one which "arises under" the Federal Constitution. The complaint alleges that the 1901 statute effects an apportionment that deprives the appellants of the equal protection of the laws in violation of the Fourteenth Amendment.
Page 402 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 374 - The law has so high a regard for human life that it will not impute negligence to an effort to preserve it, unless made under such circumstances as to constitute rashness in the judgment of prudent persons.
Page 242 - Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value.
Page 245 - A law framed in general terms, restricted to no locality, and operating equally upon all of a group of objects, which, having regard to the purposes of the legislation, are distinguished by characteristics sufficiently marked and important to make them a class by themselves, is not a special or local law, but a general law.
Page 396 - ... special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For, had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case; and of this advantage...